Rhoades

The actions were commenced to recover the sum of $6,572.27, alleged to have been earned by the plaintiff’s assignor as a commission on the sale of certain petroleum products manufactured by the defendant. The court awarded plaintiff a judgment in the sum of $2,626.50, which was $1920 commission and interest thereon from 1921. Both parties have appealed from the judgment.

Plaintiff’s assignor, Zenon C. Malis, and the defendant, by virtue of a letter written by the latter on May 4, 1921, entered into a contract by the terms of which Malis became the agent of the defendant for the sale of its said products in the Levant. The contract quotes fixed prices per case as the sale price of benzine and kerosene, which included a commission to Malis of five per cent; there is a further provision that if Malis sold goods for a greater sum than the price quoted the excess should be divided equally between the' parties. There is a further proviso in said contract that ■f1 Commissions will be payable immediately after payment has' been received for each order, or will be paid to you quarterly or semi-annually as you prefer.”

By virtue of this contract Malis sold to one Taver-. naris, of…